. 

## GENERAL

THE ATTORNEY

OFTEXAS B-66

1947

Hon. Stirling T. Phelps Opinion Wo. V-66 CountyAttorney Webb C,ount

y Be: Constructionof Article 

## Lmdo, Texas 827b, Sections 1, 2, and 5, Vernon’

aAnnotated Penal Code of Texas
Dear Mr, Phelps:

This is in replyto your letter of January 22, 1947, supplementedby your latter of January 30, 1947, requesting the opinion of this Department on the construction ofArticle 027b, Sections 1, 2, and 5, V.A,P,C,

ters We summarize the facts stated in your two letas follows:
“In Laredo, Texas, there are a number of companiesand persons engaged in the trensportation of commodities for compensationor hire between Laredo, Texas, on the one hand, and Wuevo Laredo, Mexico, and interiorpoints of Mexico)on the other hand, and vice versa. Reciprocitywith respect to registrationof motor vehicles, trailers and semi-trailers that are operated for hire does not in fact exist between Texas and the Republic of Mexico, In some instances,residents of Laredo, Texas, that are engaged in this motor transportation business, in an effort to escapepenalties inposed by Yexioan authorfties on Texas motor vehicles operating into and out of Mexico for hire, use trailers and semi-trailersbelonging to nonresidentMexicans. These trailersand semi-trailers in most instanceshave no Mexico registrationplates of any kind or characterr ‘The CountyAttorney of Webb Couaty is of the opinion that underArtiole.BZ?b, Secticne 1, 2, and 5, V. A. P. C., none of the trailers and semi-trailersabove described oan be operated In Texas for compensation lr hire unless registered in accordancewith Texas Law regulatingHon. Stirling T. Phelps, Page 2, V-66

the registrationof Texas owned trailers and semi-trailersoperated for compensationand hire; and that a nonresident temporary registration certificateprovided for inArticle S27b, V. A. P. C., does not apply to motor vehicles, trailers and semi-trailersused for compensationor hire." We 'haveconsulted theMexican Consulate~inAustin, Texas,.andwe are advised that reciprecitydoes not existbetween the Republic of Mexico and Texas in regard to the registrationofmotor vehicles, trailersand semitrailers operated for compensationor hire, and that the Laws of Mexico do not authorize a motor vehicle, trailer or semi-trailer,,that is being operated for hire tomake any trips inte the'Bepublio:ofYexico without being prop- ~erly'registeredunder theLaws of Mexico, even though '. thevehicle is properly registered in the State or Country of the owner of the pa,rticular vehicle, Based upon the factsstated in your letter, as we,11 as-the represemtationsmsde to us by the Mexican Consulate,we assume as a fact that reciprocitydoes not existbetween Mexico and Texas with regard to the registration of vehicles

. aperated for hire. : On the facts stated in your two letters, and as sunvnarized

above, you ask our opin$ea ,BSto:

.~ (1) What constitutesa violation ofArticle., S27b, Section 2, V. A. P. C. under the facts stated? # **(2) ’**  Does Article S27b, Section 5, V. A. P. C,, **apply** to others than a nonresidents?

Article S27b, Section l,.V.A. P. C,, Iefines 'a nvehiolen, "motor vehicleWp WtrailerWand Rsemi-tn~lr~‘~~ as follows:~~

+%ehicle' means every device is; **or ’** **by I^.**  which any person or property is or my be tratis:,'.:-~' **,pwted** or drawl upon a publio highway,exoept **de** vicesmoved only by human power or used exolusively upon stationary rails or traOk13.~

. e%otor VehicleDmeans every vehicle as . hereindefined which is self-propelled.m n*Tnilerl means everyvehiolewithout motive pglrer d- or used for carrying property or

. .,r, .~’ ,Han, Stirling T. Phelps, Page 39 V-66

passengerswholly on its

_ - .~ own structure and to

_ - oe arawn ay a motor venrcLa,w RISeni-trailer'means every vehicle of the trailer type so designed or used in conjunction, with a motor vehicle that some pnrts of its own weight and.that of its own lead rests upon or is carriedby a motor vehicle." Article 827b, Section 2, V. **A.** P. C., reads in part as 

### r0ii0wg:

*A nonresident owner or a motor vehicle. trailer or semi-trailerwhich has been duly regis-

‘innsuch vehicle as othsMf&s reaufredbr law. apply te the State Highway D,epar&ent through-a County Tax Collector far the registration thereBndar the above quoted portion of the Act in order,fora person to be entitled to registrationof a motor vehicle, trailer or semi-traflar as ,anonresfdent nnd thereby secure a temporary registrationeertiifcats, hemust be (1)a nonresident of the state; (2)the vehicle in questfon must have been duly registered ror the current year in the State Or aountry of whfch he Is a resident; (3) the registrationmuat kave been in accordante with the laws of the State er country of which he is a~resident;and ($) the vehicle in questfonmust not be operated for Qomoegsatienef hire,*fthfnthis Statp,

A portion of the question presented, in so far as it relates to a twok (whiohunder the defiaiti&n givea in the Aot ia 8 Rotor vehiale), has been heretorore an**swOred** by this Department in Opinion Iie.09, dated January 10, 1939, rroin which we quote: "Article 827b, Section 2, of the Penal Code provides that motor vehfoles registeredunder the laws or another etate, and being operated for-compensatfonand hire,will be permitted to

### HonoStirling T. Phelps, Page 4, V-66

come intoTexas two trips per month, and not to stay fn excess of four days on any one trip, providing truck operators from Texas operating for compensation and hireare granted the same Privileges under the laws of the other state. The State or Oklahoma doss not grant thfs privprivileges The Act above quoted states “except that the

granteb d

. 0 shall not apply to any motor vehicle, trailer,

or s-f-trailer operatedwithin thie state for the traa%portation %f person% or **ptiperty** for oempensat$omor hire!s andwe are therefore of the epinion that inarmuch as,the trailers and sahf-trailers de- %cribed bg ye@ are bei“f opera)od id this state for compensation and hfe%$ it 8 being done ia violatl%n bf-law, and they rhbuld d%t be permitted to operate Pn the State or Texas.

ritheut being properly registeredunder thr laws 

### or this *me0

Ybu are further advised that inview of the fact that the trailers and semi-trailers arebeing operated for Ml?%, sue* prohfbits the owntr from obtaining a *non-reside& regfR,tration certificate7 as provided for Qr the Act0

Irbexprbse na opfnfbn (I,% to whether or not %trril%~,wand W%emi-tra~lersware inaluded in the socafled nr%oiprocity olause v of’t:he

Aot 9because under the 

### fact8 stated, reciprocitydoes. not in

### fact exist, in your second questfod you ask whether or not Sectian 5 of Article 827b, supra, applies to others th%n nonresid

en&s0 Artiofb 827b, Sectian 5,V. A. P, C,, provfdeo in pa* a% folMws8

*No non-resident owner of a motor vehicle,

- trailer or ssmf-trailer shall operate any such ‘. vehicle or cause or permit it to be operated
v. upon the public highways of this State, eitherHan, Stirling T. Phelps, Page 5, V-66

before or while it is registeredunder this Section, unless there shall at all times be dis* plaved thereon the registrationnumber plates assigned to said vehicle for the current csleendar

year by the country or state of which suoh owner fs a resident,nor unless the certificateof temporary registration, when issued as fn this section provided shall. be placed on said motor vehicle fn the manner to be specified by the Department. Provided the Department shall not adopt any patented centafneroholder or device for the ‘. certfffcateof temporary registrationnor shall any visitor be required by said Department to purchase or bare said container, hoider or device for aafd certfffcatr G 0 o* There being no court decisions relative to the Article in question, it fs necessary that we review and study the various legislative enactments relatingthereto in order to sscertafn the legislative intent. The Aot (ArticleS27b)sof whfoh Seotfon 5 is a part,was originally enaotedand embraced fn Senate Bill No, 95, Fontyfirst Legislature, 1930, Fourth Called Session. Thr caption ,ta

this bill reeds as follows:
“An Act providing for the temporary regis- ,tration

or visiting privileges in this State of vehicles owned by citizens of another state or country and duly registeredunder the laws of said state or country for the current year; prescribing restrictionsunderwhfch vehicles may be operated; prescrfbfngpenalties for any violationhereof; repealing all laws and parts of Laws in conflictherewith; and declaring an emergent

y0n Senate Pill No. 95 was repealed fn its entirety by House Bill No, 83, Forty-first Legislature, 1930, Fifth Called Session, and House Bill No. 83 gave usIwith the exception of Saotfon 2, Article 827b in its present form0 The caption of Bouse Bill No, 83 reads in part as follows:

“AnAct providing for the temporary regis- tratfon of visitfng privileges ‘f n this State, --,- of vehicles owned citizens of another state EZJ;zf”a”tr+

and duliYregisteredunder the laws s ate or oountry fo&qthe current year eHan, Stirling T. Phelps, Page 6, V-66

0 presoribing restrictionsunderwhich said vehicles may be operated; providing certain exceptionsand exemptions e O en (Emphasisours) Section 8 of House Bill No, 83 recited,among other things, the “fact that the law now on’the Statute books of this State regulating the operation of motor vehicles owned by non-residents is burdenaoma and D * a” mphasis ours1

It is obvious that Article 827b, V, A. P. C*, is a statute designed for, and for the purpose of, regulatingvehicles of nonresident owners temporarily in this state. It was designed to grant nonresidentowners certain privilegeswith reference to the operations of their vehicleswhile temporarilywithin this state, and the Legislature in enacting the law’obviouslydid not want to extend any privilege to a nonresident owner that a resident citizen of this state did not enjoy0

Article 807b, Section 6, 0. A.~P. Cb, requires any personwho operates a road tractor,motorcycle, trailer or semi-trailer upon the public highways of this state to have attached thereto and displayed on the resr thereof a lioense plate duly and lawfully assigned therefor for the current year@ It has been many times declared by the courts, and observed by writers on the subject of “MotorVehicles”, that the main purpose of a license plate, other than taxation, is for the purpose of identification, 5Am. Jur,)Sections 91, 111spages 567, 573. In enaotinrSe=on 5 of Article 827b, supra, the Legislature brought forward this requirementwith reference to nonresident owners of vehioleswho scoured temporary regfse tration oertificates,and provided for penalties for disobedience thereofe

From what has been aaid above,we are of the o inion, and you are so advised, that Section 5 of Artio ae 827b, V. A. P. C;, was designed for, and applies to nonresident owners of vehicles, and it was not designed to apply to others than nonresident ownerao SUMMAHY .

(1) Trailers and semi-trailersas defined inArticle 827b, Section 1,V. A, P. C., that are owned by nonresidents and used in transportation for compensation or hire over the )ublio highways of Texas cannot obtain a “ternporary registration certificate” as providedHonp Stirling T. Phelps, Page 7,V-66

Par inArticle 827b, sup-rap but in order for their operation to be lawful, such trailers and semi-trailersmust be registered in accordancewith Texas Laws regardingthe registration of oommercialvehicles* (2) Article 827b, Section 5, **VJ** Ai P. Co, was designed for, and applies to nonresident owners of vehicles, and not to others. ".I,:
.., Yours very truly ATTORNEY GENERAL OF TEXAS

**-m BY**  CharlesD, Mathews

Assistant

APPROVED FEB. 0, 1947

z?.e- (aiiifa ATTORNEY GENERAL CDM:jt:jrb Approved Opinion Committee By BWB, Chairman